CUSTODIAL SENTENCES

January 21, 2009

A community order with a requirement to attend a sex offender’s programme and attend probation appointments for three years imposed on a 72-year-old offender who had pleaded guilty to six offences of indecent assault on females under 13, which had taken place up to 40 years previously, was not unduly lenient and a non-custodial sentence was in the proper range of sentences available to the judge who had exercised extreme caution in assessing the circumstances of the case.

AGE APPROACH TO SENTENCING EXERCISE CHILDREN CUSTODIAL SENTENCES INDECENT ASSAULT MITIGATION SENTENCING SENTENCING POWERS SEXUAL OFFENCES UNDUE LENIENCY VERY OLD OFFENCES AGAINST CHILDREN

January 17, 2008

It had not been appropriate to impose a custodial sentence upon an offender for offences of voyeurism, given the nature of the offence and the offender’s psychiatric state; a community rehabilitation and penalty order was, in the circumstances, more appropriate.

APPROPRIATE SENTENCES FOR MENTALLY DISORDERED OFFENDERS COMMUNITY ORDERS CRIMINAL LAW CUSTODIAL SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN MENTALLY DISORDERED OFFENDERS SENTENCING SEXUAL OFFENCES VOYEURISM

January 18, 2006

A sentence of 14 months’ imprisonment was excessive for an offence of voyeurism and was substituted by a sentence of nine months’ imprisonment, where the appellant, the manager of a gym, had abused his position of trust by secretly recording videotape of women showering or using sun beds.

ABUSE OF POSITION OF TRUST APPROPRIATE SENTENCE LENGTH CRIMINAL LAW CUSTODIAL SENTENCES s.67 S.67(3) SEXUAL OFFENCES ACT 2003 SECRET VIDEO RECORDINGS BY MANAGER OF GYM SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.67(3) SPORTS CENTRE MANAGER SECRETLY FILMING WOMEN VIDEO RECORDINGS VOYEURISM

July 25, 2003

An order for an extended licence under s.86 Powers of the Criminal Courts (Sentencing) Act 2000 was preventive not punitive, and the addition of such an order to a sentence of imprisonment for an offence committed before 1 October 1991 did not violate Art.7 European Convention on Human Rights.

ART.7 COMMITTED BEFORE 30 SEPTEMBER 1998 CRIMINAL JUSTICE ACT 1991 s.1(2)(b) CRIMINAL LAW CRIMINAL PROCEDURE CUSTODIAL SENTENCES DECISIONS PER INCURIAM EARLY RELEASE ECHR EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS EXTENDED SENTENCES EXTENSIONS HUMAN RIGHTS INDECENT ASSAULT LEGALITY LICENCES NATURE OF ORDER EXTENDING LICENCE PERIOD NO PUNISHMENT WITHOUT LAW OFFENCES COMMITTED PRIOR TO COMMENCEMENT OF CRIMINAL JUSTICE ACT 1991 Part 2 PENALTIES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 PREVENTIVE PUNISHMENT RETROSPECTIVE LEGISLATION RETROSPECTIVE PENALTY s.3 s.32(6)(a) s.33(1) s.33(3) s.37(1) s.38 s.44 s.85 S.86 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 SENTENCING SEXUAL OFFENCES SHORT TERM PRISONERS

CUSTODIAL SENTENCES

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